Gujarat Court July 1983 Judgments
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Usha Ratilal Dave Vs. Arun B. Dave
Court: Gujarat
Decided on: Jul-08-1983
Reported in: (1984)1GLR81
V.V. Bedarkar, J.1. This appeal involves an important question of law - whether a decree of Legal Separation obtained in Illinois (U.S.A.) Court be availed of in Indian Court for dissolution of marriage by a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), when both the spouses are Hindus by Personal Law and married in India according to Hindu rites?2. The respondent-husband filed a petition, being H.M.P. No. 143 of 1980, in the City Civil Court, Ahmedabad, for obtaining divorce. The said petition was allowed and the marriage between the parties was dissolved by a decree of divorce dated 25-9-1981 passed by the learned Judge of the City Civil Court, 19th Court, Ahmedabad.It is not in dispute that the parties had married at Ahmedabad on 17-5-1968. By this wed-lock they have two daughters Vaishali and Hetal. The husband filed a complaint for divorce in the Circuit Court of Cook County. Illinois County Department, Chancery Divorce ...
Prafulchandra Kantilal Bhojak Vs. Rameshchandra Pharelal Shah and anr.
Court: Gujarat
Decided on: Jul-08-1983
Reported in: (1983)2GLR1353
A.S. Qureshi, J.1. These two appeals are filed by the present appellant who was the original complainant. The present respondent No. 1 was the accused in the Summary Case Nos. 1065/78 and 39 of 1979 for the alleged offence of carrying out illegal construction without the permission of Patan Municipality and therefore, punishable under Section 155(7) of the Gujarat Municipalities Act, 1963 (Act XXXIV of 1964), hereinafter referred to as the Act. According to the complainant who is an employes of the Patan Municipality the accused had-illegally constructed some additional portion in his house. After recording the evidence, the learned Magistrate was satisfied that no offence was committed by the accused. Hence, by his judgment and order dated June 7, 1979 the learned Judicial Magistrate, First Class, Patan, acquitted the accused in both the cases.2. It is not in dispute that the original accused who is respondent No. 1 in these two Appeals had given an application to the Municipality on ...
N.S. Madhavan Vs. Physical Research Laboratory and anr.
Court: Gujarat
Decided on: Jul-06-1983
Reported in: (1983)2GLR1465
S.L. Talati, J.1. The petitioner is an employee serving as a Stenographer with Respondent No. 1 - Physical Research Laboratory, Ahmedabad. He has filed this petition challenging the order at Annexure 'I' dated 10-12-1982. That is the order by which he is not allowed to cross efficiency Bar with effect from 30-12-1981 but allowed to cross efficiency Bar: with effect from 30-12-1982.2. The short history which gave rise to this petition may be stated as under. The petitioner had filed Special Civil Application No. 1503 of 1981 challenging the order dated 15-12-1981 which is produced with this petition at annexure VI. By that order he was not allowed to cross E. B. on the ground that he was not upto the mark and reported to be going slow. It was also stated that there were complaints received against him regarding his not doing filing work, not collecting stationery, not remaining at his place of work and reducing typing output to only 4 to 6 pages per day on an average. It was also stated...
Shashikant Kanubhai and ors. Vs. State
Court: Gujarat
Decided on: Jul-05-1983
Reported in: (1983)2GLR1500
A.S. Qureshi, J.1. This is the appeal filed by the three appellants who were the original accused in Sessions Case No. 55 of 1979. The accused were charged for having committed offences punishable under Sections 366, 376 read with Section 109 of Indian Penal Code. All the three accused were found guilty of the offence punishable under Section 366 of the Indian Penal Code. Accused No. 2 was also found guilty under Section 376 of the Indian Penal Code and accused No. 3 was found guilty of the offence punishable under Section 376 read with Section 109 of the Indian Penal Code. Each one of them was sentenced to undergo R.I. for a period of 18 months on either count.2. The prosecution case was that the three accused who belong to the Soni Community belonging to Anand came in contact with the two minor girls namely Swatiben Bhailal Patel P. W. 2 (Exh. 15) and Malvikaben Natubhai Patel P.W.4. (Exh. 32). The birth date of Swatiben is stated to be 28th March, 1965 and that of Malvikaben to be 1...
A.P. John and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-05-1983
Reported in: (1983)2GLR1478
R.C. Mankad, J.1. These three petitions by English stenographers, working in various Departments of the Government of Gujarat involve common questions, namely (i) whether English Stenographers are required to pass Gujarati Language Examination, and (ii) whether their annual increments can be withheld, if they fail to do so. Petitioners do not dispute that the Gujarat Government Servants (Lower Standard and Higher Standard Gujarati Language Examination) Rules, 1970 (herein-after referred to as 'Rules') apply to them and they are required to pass Gujarati Language Examination (herein after referred to as the 'said examination') under the said rules. It is, however, contended that (i) since the petitioners are holding posts which may be described as technical or specialised posts, they are not required to pass the examination under the first proviso to Rule 3; (ii) under Rule 5 (i) their increments cannot be withheld merely on account of their failure to pass the examination; and (iii) th...
Kirtikumar Dhanjibhai Patel Vs. Muljibhai Parbatbhai Patel and ors.
Court: Gujarat
Decided on: Jul-04-1983
Reported in: (1983)2GLR1435
A.P. Ravani, J.1. In a case where the plaintiff files a suit for dissolution of the firm and for taking of accounts against the partnership firm as well as other partners of the firm and during the pendency of such a suit if one of the partners-defendants dies, will it not be necessary for the plaintiff to joint the legal representatives of the deceased-defendant partner This short is the arisen question which has in this revision application.2. This revision application is filed against an order passed by the trial court below Exhibit 62 in Special Civil Suit No. 27 of 1981 of the Court of Civil Judge (Senior Division), Gondal. By this application, the plaintiff prayed that the heirs and legal representatives of defendant No. 4, who died during the pendency of the suit, be joined as party defendants. The trial court rejected the application on the ground that the suit was also against the firm and defendant No. 4 was partner of the firm and, in the opinion of the trial court, it was n...
State of Gujarat Vs. Jagubhai Nagarji Mistry
Court: Gujarat
Decided on: Jul-01-1983
Reported in: (1984)1GLR144
A.S. Qureshi, J.1. These two appeals are filed by the State against the present respondent who is the Manager of a factory known as Sudershan Khandsari Udyog Private Limited at Cheswad, Taluka Valia, District Broach. The accused was charged for offences under Section 21(l)(v)(c) and under Section 66(l)(b) of the Factories Act punishable under Section 92 of the said Act. The prosecution case was that when the Factory Inspector visited the premises he found that woman employees were working on the night shift in contravention of Section 66(l)(b) and that one sub-work woman had her sari caught in conveyer belt resulting in injury to her and hence the accused was said to have committed an offence punishable under Section 21(l)(iv)(c) of the Factories Act. During the course of the trial the complainant failed to remain present on the day on which the matter was fixed for hearing i.e. June 30, 1979. The learned Magistrate, therefore, passed an order discharging the accused on the ground that...
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